The ATO on Mon 3.12.2012, released a Decision Impact Statement on AAT Case [2012] AATA 716, Re Yrorita and FCT. In that case, the AAT upheld the Commissioner’s decision to include a superannuation benefit in a taxpayer’s assessable income under former s 26AFB of the ITAA 1936 after finding that the taxpayer had attempted to evade paying tax on the superannuation money.
The ATO said the Tribunal’s findings on the non-penalty related issues were consistent with the approach taken by the Commissioner. It said in relation to the penalties, it was open to the Tribunal on the facts of the case to form a different conclusion.
[LTN 234, 3/12]